[20]
Cause of death: Debility and old age for several years Informant: Alexander Hunter, son At the time of his death in 1856 Andrew had 62 living descendants (newspaper obituary)

[21]
SCOTTISH RECORD OFFICE, REFERENCE: SC64/42/10, pp. 205-233
Andrew Hunter
At Alloa third day of October eighteen hundred and fifty six years. --
In presence of William Bennet Clark Esquire Commissary Depute of the Commissariot of
Clackmannan compeared John Hunter Collier Holton of Sauchie one of the executors of the deceased
Andrew Hunter lately residing at Holton of Sauchie and produced and gave in the Inventory and Affadavit
thereto with the Trust Disposition and Settlement and codicil thereto annexed referred to in said affidavit
and all after inserted desiring that the same might be inserted and registered in the Court Books of said
Commissariot conform to Act of Parliament. Which desire the said Commissary Depute granted and
ordained the same to be done accordingly whereof the tenor follows: --
Inventory of the personal estate of Andrew Hunter lately residing at Holton of Sauchie who died at Holton
in the parish of Alloa and County of Clackmannan on the twenty fourth day of August eighteen hundred
and fifty six, with interest due on principal sums at that date.
Primo. -- Cash in the House 17
Secundo. -- Burial Fund payable by the
Alloa Colliery Friendly Society 4 10
Tertio. -- Household Furniture and other
personal effects belonging to the
deceased valued by Alex. Thomson
Auctioner and Appraiser conform
to Inventory and Appriasement -- 6 12 9
Quarto. -- Principal sum contained in
Promissory Note by William
Adamson sometime Sinker and
Miner in New Sauchie now
deceased in favour of the deceased
dated the twenty eighth day of May
eighteen hundred and forty one and
payable one day after date. -- 10
Quinto. -- Interest to date of deceased's death
on principal sum contained in Bond and
Disposition in Security by the said deceased
William Adamson in favour of the deceased
for Fifty pounds dated sixth February eighteen
hundred and thirty eight and Instrument of
Sasine following thereon in favour of the
deceased dated the eighth and recorded in the
Particular Register of Sasines at Stirling the
twenty fourth day of April eighteen hundred
and forty as also interest upon the foresaid
Promissory Note (Item Quarto). -- 4 10
Sexto. -- Proportion of Rents of property
in Coalgate Alloa which belonged
to the deceased due at the date of
his death and payable by the following
tenants vizt --
Thomas Gold 1 " "
Mrs. Cock 10 "
James Henry 10 "
Mrs. Nesbett 10 "
Mrs. Catherine Alexander 3 9
Septimo. -- Proportion of Rents of Property in
Castle Street Alloa, which belonged
to the deceased due at the date
of his death and payable by the
following tenants vizt --
Mrs. Martin 2 10 "
Mr. McInnes 1 3 9
William Sim 7 6
John Richardson 5 "
Mrs. Stalker 12 6
Mrs. Allan 12 6
George Scott 1 " "
Mrs. Forsyth 1 " "
Octavo. -- Proportion of rents of Property
in Newtonshaw which belonged
to the deceased due at the date
of his death and payable by the
following tenants vizt --
William Drysdale " 12 6
John Hunter 11 3
Alex. Ramsay 15 "
Mrs. Bauchop 7 6
John Shaw, Tinsmith 7 6
William Scarf, Labourer 7 6
Catherine McKennan 5 "
Alex. Duncanson 15 "
Summa of Inventory and value
of deceased's estate in Scotland Fifty
six pounds nineteen shillings Sterling.
Alloa third October eighteen hundred and fifty six.
Referred to in my affidavit of this date
(signed) John Hunter. W Bennet Clark
At Alloa the third day of October one thousand eight hundred and fifty six years.
In presence of William Bennet Clark Esquire Commisary Depute of the Commissariot of Clackmannan
compeared John Hunter, Collier, Holton of Sauchie one of the executors nominate of the deceased Andrew
Hunter lately residing at Holton of Sauchie who being solemnly sworn and examined Depores that the
said Andrew Hunter died at Holton of Sauchie on the twenty fourth day of August eighteen hundred and
fifty six, and the Deponent along with James Hunter, Oversman formerly residing at Watermill now at
Whins and Alexander Hunter Shoemaker New Sauchie the other surviving and accepting executors of the
deceased are about to enter upon the possession and management of the deceased's personal estate as
executors nominated by him in a Trust Disposition and Settlement executed upon the thirtieth day of
March eighteen hundred and forty six and codicil thereto dated the sixth day of may eighteen hundred and
fifty two and registered in the Books of Council and Session on the thirtieth day of September eighteen
hundred and fifty six; an extract whereof is no exhibited and signed by the Deponent and the said
Commisary Depute of this date as relative hereto; that the Deponent does not know of any settlement or
writing relative to the disposal of the deceased's personal estate or effects or any part of them other than
that now exhibited. That the foregoing Inventory each page of which is signed by the Deponent and the
said Commissary Depute as relative hereto is a full and true Inventory of the personal estate and effects of
the said deceased wherever situated and belonging or due beneficially to the deceased at the time of his
death in so far as the same has come to the Deponents knowledge; To which confirmation is required in
the persons of the Deponent and of the said James Hunter and Alexander Hunter as the surviving and
accepting executors of the said deceased Andrew Hunter and that the value of the said estate situated in
Scotland is of the value of Twenty pounds and under the value of one hundred pounds Sterling. All which
is truth as the Deponent shall answer to God. (signed) John Hunter. W Bennet Clark.
(Follows the Extract Registered Trust Disposition and Settlement and codicil thereto before referred to:
At Edinburgh the thirtieth day of September in the year one thousand eight hundred and fifty six. In
Presence of the Lords of Council and Session compeared George Monro Esquire Advocate Procurator for
Andrew Hunter after designed and give in the Trust Disposition and Settlement underwritten desiring the
same might be registered in the Lordships Books conform to Law, which desire the said Lords found
reasonable and ordained the same to be done accordingly whereof the tenor follows:
I Andrew Hunter residing at Holton of Sauchie considering the uncertainty of life and in order to regulate
the management and distribution of my means and estate after my death do hereby dispone assign and
convey to James Hunter, oversman, Watermill, Andrew Hunter, Collier, Holton, Alexander Hunter,
Shoemaker, New Sauchie, john Hunter Collier, Holton, Robert Watson, Teacher for Alloa Colliery,
Ebenezer Ramsay, Writer, Alloa and John Ramsay, Writer, Alloa and to the survivors or survivor of them
who shall accept and to the heirs of such survivors or survivor, but that always in t rust for the ends, uses
and purposes herin after mentioned and declaring that any three of my said Trustees accepting and
surviving shall form a quorum for executing the purposes of this Trust and that every act and deed done
by such quorum shall be as valid and effectual as if done by the whole Trustees. All and Sundry lands and
heritages of whatever kind or denomination as also my whole moveable or personal means and estate of
whatever kind at present belonging or which may belong to me at the time of my death, and particularly
without prejudice to said generality. I the said Andrew Hunter do hereby give grant assign and dispone to
and in favor of the said James Hunter, Andrew Hunter, Alexander Hunter, John Hunter, Robert Watson,
Ebenezer Ramsay and John Ramsay and to the survivors or survivor of them who shall accept and to the
heirs of such survivors or survivor, All and Whole that tenement of houses high and laigh back and fore
with the backhouse thereto belonging lying on the South side of the Coalgate of Alloa within the parish
thereof and shire of Clackmannan and bounded thus by the Coalgate on the North George Chalmer's
subject on the east the subject belonging to Charles Bachop on the south and the house of Andrew Hutton
tenant in Dunmore Park on the west together with all right title and interest which I have or can pretend
thereto as also All and Whole that piece of ground being a part of the field or enclosure called the Wards
lying on the north west of the Shore of Alloa in the Street called Castle Street measuring thirty seven feet
six inches on the South one hundred and thirty five feet nine inches on the east and one hundred and
thirty two feet four inches on the west side extending in whole to fourteen falls and twenty two ells Scots
measure or eighteen poles thirteen yards imperial standard measure bounded as follows vizt: on the North
by Castle Street on the South by the lands of the Earl of Mar on the east by the feu given off to William
Ord and on the west by the feu given off to Alexander Harrower, all lying within the town and parish of
Alloa and shire of Clackmannan upon which piece of ground, I the said Andrew Hunter have built a
Dwellinghouse fronting the said street and in a line with the other houses erected in said street. Declaring
that the west Gable of the said Dwellinghouse is a mutual Gable betwixt it and the house belonging to
Alexander Harrower the contiguous feuar on the west and shall be kept in repair at the mutual expense of
the respective proprietors in all time coming. Reserving always to the superiors the whole coal in the said
piece of ground, with liberty to work the same provided he does not (touch) injure or in anyway touch the
surface of the said piece of ground and with and under the following conditions namely that the vassal
shall be bound to keep the said Dwellinghouse in proper repair and the roof thereof constantly covered
with blue slates; that it shall not be in the power of the vassal to sell, dispose, excamb, wadset or otherwise
to do any act or deed by which the said piece of ground or house erected or to be erected thereon or any
part of the said subjects may be alienated without making the first offer thereof to the superior at such a
price as any other person shall bona fide offer therefor and failing such offer then at such a price as shall
be determined by two neutral persons to be mutually chosen by the superior and vassal Declaring not only
that all such sales Dispositions or other Deeds to be made and granted by the vassal without making the
first offer thereof to the superior or deeds done whereby the same may be evicted from the vassal without
such offer or valuation being made shall be of no force strength or effect and ineffectual against the said
subjects, but also the Feu Charter thereof and all following thereupon shall become void and null and the
said subjects shall return to the superior disburdened of all such sales dispositions or other Deeds and as
fully and freely as if the feu charter thereof had never been granted as also that it shall no be lawful to nor
in the power of the vassal to use the said piece of ground or any part thereof for a coalfield either for
(their) his own use or for the use of any other person whatever nor to erect any Dovecot or Lime or Brick
Kilns or to burn any Lime Brick or tiles thereon or to erect or carry on within the bounds of the said feu
any Tanwork, Distillery of other Chemical process or smelting houses or furnaces for any purpose and
further declaring as it is by the feu charter of said subject specially provided and declared that it shall not
be lawful to nor in the power of the vassal at any time thereafter to sell grant, subfeu or dispose of all or
any part of the said subjects thereby feued to be holden of themselves or any other interjected superior but
allenarly of and under the Earl of Mar and his heirs and successors in the estate of Mar as superiors in all
time coming without prejudice nevertheless to the vassal to borrow money on the said subjects and to
grant heritable Bonds and Bonds and Dispositions in Security and all other Deeds therefor in the usual
form to be held a se vel de se any thing in said Feu Charter to the contrary notwithstanding and also to
exercise any other Act of ownership not inconsistent with the manner of holding thereby prescribed; and it
is likewise by said Feu charter provided, and declared that the vassal shall cause the whole provisions
conditions and declarations above written to be inserted verbatim in the Sasine following there upon and
in all subsequent investitures of the said subjects and in case they should fail or omit to do so or should
contravene any of the said conditions, provisions, and declarations then and in that case the said Feu
Charter and all following thereupon should become void and null and the subjects thereby feued should
return to and be possessed by the said Earl of Mar and his foresaids as fully and freely as if the said Feu
Charter had never been granted with and underwhich reservations, provisions, conditions and declarations
the said Feu Charter was granted by the said Earl of Mar and accepted by me an my foresaids and no
otherways; together with all right title and interest which I have or can pretend to said subjects: as also all
and Whole the sum of one hundred and twenty pounds Sterling contained in a Bond and Disposition in
Security dated the nineteenth day of November eighteen hundred and thirty nine by Henry Crawford,
Wright, New Sauchie to me over All and Whole that piece of ground containing sixteen poles twenty
yards and eight feet Imperial Standard measure lying on the North of the entry to the back of the property
in Newtonshaw of Sauchie belonging to William Paterson, Feuar, there all as more fully described therein
and also the said piece of ground with the Dwellinghouse, Shop and pertinents erected thereon in Security
of the said sum, interest and penalties due or to become due under the said Bond and Disposition; but
redeemable always and with the powers and faculties as contained therein and in the Sasine following
thereon in my favor dated twentieth November and registered in the particular Register of Sasines at
Stirling twelfth December both in the year eighteen hundred and thirty nine; as also the sum of Fifty
pounds Sterling contained in a Bond and Disposition in Security dated the sixth February eighteen
hundred and thirty eight by William Adamson, Sinker and Miner in New Sauchie to me over All and
Whole that piece of ground being part of the park or enclosure called South Grey Craigs lying on the
North side of the high road which passes through Newtonshaw within the Barony of Sauchie and shire of
Clackmannan as more fully described therein and also the said piece of ground and garden, enclosed
thereon and Dwellinghouse built thereon themselves, in security of the said sum interest and penalties due
or to become due under the said Bond and Disposition, but redeemably always and, with the powers and
faculties as contained therein and in the Sasine following thereon in my favor dated the eighth and
registered in the particular Record of Sasines kept at Stirling the twenty fourth day of April eighteen
hundred and forty; as also the sum of Forty pounds heritably secured over All and Whole that piece of
ground being part of the park or enclosure called South Grey Craigs lying on the North side of the High
road passing through Newtonshaw of Sauchie all as more particularly described in a Disposition dated the
twenty sixth day of June eighteen hundred and forty three made and granted by David Hunter Junior, late
in New Sauchie aforesaid afterwards residing at Martinville, Somerset County, New Jersey, North
America with the special advice and consent of David Hunter Senior, Miner in New Sauchie his father in
favor of James Hunter Collier and Sinker at Holton and which said sum of Forty pounds Sterling is by said
Disposition declared to be a real and preferable burden over said property in my favor; and farther I the
said Andrew Hunter do hereby nominate and appoint my said Trustees above named to be my sole
executors and intromitters with my moveable means and estate abut declaring that my said Trustees shall
not be liable in exact diligence for recovering the rents due to me or for omissions of any kind and that
they shall not be liable singuli in solidum but each for his own actual intromission only, and it is farther
hereby Provided and declared that these presents are granted in trust for the uses and purposes
aftermentioned First. That my said Trustees shall from the produce of my means and estate pay all my
just and lawful debts, deathbed and funeral charges also all such expenses and incidents as may be
incurred in the execution of this Trust. Second. That my said Trustees shall pay all such legacies, gifts or
provisions as I the said Andrew Hunter may appoint to be paid by an codicil hereto. Third. I appoint my
said Trustees to pay to Janet Paterson or Hunter my spouse in case she survive me during the whole days
of her lifetime the whole free proceeds of the annual Income arising from the whole residue of my said
estate heritable and moveable real and personal before conveyed and which liferent provision of said free
proceeds in favor of my said spouse shall commence to run from the first term of Whitsunday or
Martinmas following my decease and be paid regularly to my said spouse half yearly at or as soon after
Whitsunday and Martinmas in each year as can be done. Fourth. I appoint my said Trustees to make over
to my daughter Janet Hunter wife of the aforesaid James Hunter in the event of her surviving the longest
liver of me and my said spouse the said sum of Forty pounds Sterling heritably secured over the property
belonging to her husband the said James Hunter to be possessed and enjoyed by her during all the days of
her lifetime and at her death to be divided among her children equally share and share alike, but in the
event of her dying without leaving lawful issue the said sum of Forty pounds Sterling shall descend to my
children hereinafter named, and shall be divided among them equally share and share alike. Fifth. So
soon as can conveniently be done after the death of the longest liver of me and my said spouse I appoint
my said Trustees to ascertain the value of the whole residue of my heritable and moveable property before
conveyed and to divide and apportion the same as follows vizt one ninth part or share to my son the said
James Hunter, one ninth part or share to my son the said Alexander Hunter, one ninth part or share to the
said Andrew Hunter my son, one ninth part of share to my son Robert Hunter, Tailor, Holton Row, one
ninth part or share to my son George Hunter, Collier, Coalsnaughton, one ninth part or share to my son
Joseph Hunter, Miner, Square Row, one ninth part or share to my son Fraser Hunter, Engineer, Number
three Richard Street, Limehouse Fields, James Street, London, one ninth part or share to my son the said
John Hunter and one ninth part or share to my daughter Charlotte Hunter, wife of Joseph Hunter residing
at Sauchie Village. Declaring that in the event of any of my said children predeceasing me leaving lawful
issue of their bodies such issue shall inherit the share of their deceased parent equally among them share
and share alike and lastly upon my said Trustees fulfiling the purposes of the Trust they shall be
discharged thereof by my said children, so far as they are severally concerned. In which subjects generally
and particularly before disposed I bind and oblige me my heirs and successions duly and lawfully to infeft
and seise (sp?) my said Trustees before named and the survivors or survivor of them accepting and that by
two several infeftments and distinct manners of holding the one thereof to be holden of me and my
foresaids in free blench for payment of a penny Scots in name of blench duty at Whitsunday yearly if
asked only, and the other of the said infeftments to be holden from me of and under my immediate lawful
superiors thereof, in the same manner as I hold, the same myself and that either by Resignation or
Confirmation or both the one without prejudice of the other and for that purpose to make grant subscribe
and deliver all writs and deeds which may be necessary: Farther I do hereby assign convey and make over
to and in favor of my said Trustees and their foresaids the whole writes and title Deeds of my whole estate
generally and particularly before disposed with the whole clauses tenor and contents thereof and the whole
rents profits and duties of my said estate heritable and moveable, But in Trust always for the uses, ends
and purposes and with and under the conditions, provisions, and declarations before specified and I do
hereby declare the provisions herein made in favor of my spouse and children to be in full of all they or
any of them can ask or claim in name of terce half or third of moveable bairns part of gear portion natural
or in any manner of way in or through my decease, and I the said Janet Paterson or Hunter do hereby
accept of the said provisions as in full of all I can claim in and through the decease of my said husband
and farther in case my said husband should survive me, i do hereby dispose assign convey and make over
to and in favor of the said Andrew Hunter my husband All and Sundry Lands and Heritages and in
general all property heritable and moveable of every description now belonging or that may belong to me
at the time of my death, with the vouchers and instruction thereof and I the said Andrew Hunter do hereby
reserve my liferent right of the whole property heritable and moveable above conveyed with full power and
liberty to me at any time of my life to alter and innovate these presents in whole or in part and to revoke
cancel and annul the same as I may think proper. But Declaring that the same so far as not revoked or
altered by me shall be a valid and effectual deed although found lying in my repositories or in the custody
of my person to whom I may entrust the same undelivered at the time of my death, with the delivery
whereof I have dispensed and hereby dispense for ever and I consent to the Registration hereof in the
Book of Council and Session or any other Judges Books competent therein to remain for preservation and
for that effect constitute George Monro Equire Advocate my Procurators and Moreover I desire any Notary
Public to whom these presents may be presented to give to the said James Hunter, Andrew Hunter,
Alexander Hunter, John Hunter, Robert Watson, Ebenezer Ramsay and John Ramsay and to the survivors
or survivor of them who shall accept and to the heirs of such survivors but in trust always for the uses and
purposes and with and under the conditions, provisions and declarations above mentioned Sasine of All
and Whole the several subjects and other heritages before described and disposed and here held as
repeated brevitates causa but always with and under the provisions conditions and declarations contained
in my titles so far as they are applicable to the subjects to which they are attached and redeemable those
subjects which are redeemable. In Witness whereof these presents drawn and prepared by Ebenezer and
John Ramsay in Alloa and written on this and the six preceding pages of stamped paper by William Smith
Writer residing in Alloa, are subscribed by us as follows vizt by me the said Andrew Hunter at Alloa the
thirtieth day of March eighteen hundred and forty six years before these witnesses the said William Smith
and Robert Gibson Apprentice to the said Ebenezer and John Ramsay and by me the said Janet Paterson
or Hunter Place and date last above written before these witnesses Archibald Moir Clerk in the
Commercial Bank of Scotland's office at Alloa, John Scobie and Charles C. Stein both clerks to Andrew
Jameson Sheriff Clerk of Clackmannanshire and the said Robert Gibson. (signed) Andrew Hunter. At the
special desire and request of the said Janet Patterson or Hunter who cannot write as she declares never
having learned and she having first touched our pens, We Andrew Jameson and John Donald Notaries
Public and Co Notaries in the premises hereby subscribe for her the deed having been first read over in
presence of the witnesses (signed) Andrew Jameson N.P. John Donald N.P. Arch. Moir, Witness. John
Scobie Witness. Chas C Stein Witness. Robert Gibson Witness. W. Smith, Witness. Robert Gibson,
Witness.
I Andrew Hunter the Testator within designed considering that my son George Hunter within named is
about to emigrate to Australia and that for the purpose of assisting him to settle in that country my
youngest son John Hunter within named has advanced to him the sum of twenty pounds and that I myself
have advanced him certain farther sums of money which whole sums are fully equivalent to the share of
my succession to which he would succeed at my death. Therefore with the full consent and concurrence of
my said son George Hunter I do hereby direct and appoint my said trustees to pay over to my said son
John Hunter the share of my said succession which under the within deed would fall to the said George
Hunter at my decease, so t hat the said John Hunter shall receive two full and equal ninth parts or shares
of my said Trust estate and the said George Hunter shall not participate therein and to this extent I hereby
alter and revoke the within Settlement which in all other respects shall stand firm and stable. In witness
whereof I, and the said George Hunter in token of his concurrence herein have subscribed this codicil
written by Alexander Ebling Aitken clerk to David McWatt, Writer Alloa at Alloa the twenty sixth day of
May eighteen hundred and fifty two years before these witnesses the said David McWatt and David Grey
his Apprentice. -- (signed) Andrew Hunter -- George Hunter --
David McWatt Witness -- David Grey - Witness.
I Robert Watson formerly Teacher for the Alloa Colliery, now Minister of the United Parishes of Hoy and
Gramsay in the Presbytery of Cairston and Synod of Orkney, considering that from the distance of my
residence and the nature of my avocations I cannot give my attention to the affairs of the within trust,
Therefore I hereby declare my non-acceptance and renunciation of the office of Executor, Trustee and
Trust Dispense under the within Trust Disposition and Settlement by the late Andrew Hunter, and I
consent to the Registration hereof in the Books of Council and Session or others competent, and to that
end constitute George Munro Esquire Advocate My Rocurators. In witness whereof these presents written
by Robert Oliphant Writer in Alloa are subscribed by me at the Manse of Hoy upon the Twenty second day
of September in the year one thousand eight hundred and fifty six before these witnesses James Moar,
Miller at Hoy and Robert McKenzie, Fisherman at Hoy. (signed) Robert Watson. James Moar Witness.
Robert McKenzie Witness. -- Extracted fourth of the Books of Council and Session upon these thirty one
pages of stamped paper by me George Ritchie Kinloch, Principal Keeper of the Register of Deeds
Probative Writs and conform to Act of Parliament and holding commission to that effect from the Lord
Clerk Register of Scotland. The work "Trustees" on the nineteenth line of the twentieth page delete before
signing. (signed) Geo R Kinloch.
Alloa 3rd October 1856 -- Referred to in my affidavit of this date. (signed) John Hunter
W Bennet Clark.